Suchergebnisse

The freedom of religion is one of the oldest and most controversial of the claims that are recognized as forming part of the corpus of human rights. In this important and fascinating book Malcolm Evans provides a detailed account of the ways in which the freedom of religious belief came to be incorporated into the legislation of the countries of Europe. He goes on to examine the mechanisms by which this freedom is guaranteed, and a number of problematic cases which have recently been discussed in the Council of Europe. In a concluding section he outlines a number of developments which will influence the direction that the search for the protection of religious liberty under international law may take

This topical study of a highly sensitive area of education presents a valuable insight for students, researchers and academics with an interest in cultural and religious diversity, human rights and education. This collection considers how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and concepts, within the context of education and offers a critical reflection on the extent and meanings given to religious freedom in education across Europe.

This book examines in detail both historical and current legal concepts of 'religious cultural heritage' within the context of the European continent. The latter group is primarily based on the variety of sacred cultural elements emanating from the different religious traditions of the peoples of Europe, which are deemed worthy of protection and preservation due to their outstanding value, in terms of their social, cultural and religious significance. In view of this, the study provides evidence of the European States' active involvement with their sacred/cultural treasures, on the basis of the political and legal foundations of neutrality and pluralism. Furthermore, the book analyzes all relevant international legislative instruments (i.e. the plethora of EU, CoE and UNESCO norms), as well as all major European legislative patterns, in light of their significance for the aforementioned aspects of pluralism and neutrality. The interdisciplinary references listed at the end of each chapter provide an additional incentive for further reading on the subject matter. The most important finding to emerge from the study is that there is a shared legal ethos in Europe that imposes a duty of appropriate care concerning the vast variety of sacred cultural goods, and the religious cultural heritage in general, as an invaluable repository of European cultural capital. It also considers the sui generis nature of this capital: like any other type of asset, it may deteriorate or fade over time, necessitating investment in its preservation or refurbishment; nevertheless, like no other, this particular capital maintains a distinct cultural value, as it contains an additional characteristic of 'sacredness' expressed in the form of its 'religious character,' the latter being analyzed as a triptych of religious memory, religious aesthetics and religious beliefs

"Written in accessible language, this book provides a comprehensive analysis of a topical subject that is being widely debated across Europe. The work presents an overview of emerging case law from the European Court of Human Rights and the Court of Justice of the European Union as well as from national courts and equality bodies in European countries on the wearing of religious symbols in public spaces. The author persuasively argues that bans on the wearing of religious symbols constitutes a breach of an individual's human rights and contravenes existing anti-discrimination legislation. Fully updated to take account of recent case law, this 2nd edition has been expanded to consider bans in public spaces more generally, including employment, an area where some of the recent developments have taken place."--

This book explores the intersection between business and religion from a legal perspective. Taking a fresh look at some of the most compelling literature in law and religion, it proposes a rethinking of what scholars on both sides of the Atlantic have dubbed 'church autonomy' or, more recently, 'corporate religious freedom'.

"In contrast with the progressive dilution of religions predicted by traditional liberal and Marxist approaches, religions remain important for many people, even in Europe, the most secularised continent. In the context of increasingly culturally-diverse societies, this calls for a reinterpretation of the secular legacy of the Enlightenment and also for an updating of democratic institutions. This book focuses on a central question: are the classical secularist arrangements well-equipped to tackle the challenge of fast-growing religious pluralism? Or should we move to new post-secular arrangements when dealing with pluralism in Europe? Offering an interdisciplinary approach that combines political theory and legal analysis, the authors tackle two interrelated facets of this controversial question. They begin by exploring the theoretical perspective, asking what post-secularism is and looking at its relation to secularism. The practical consequences of this debate are then examined, focusing on case-law through four empirical case studies. This book will be of interest to students and scholars of political theory, philosophy, religion and politics, European law, human rights, legal theory and socio-legal studies"--

Consider a corporation where one group of shareholders holds sincere religious beliefs and another group of shareholders does not share those beliefs but, for a price, will allow the religious shareholders to request a religious exemption to a neutrally applicable law on behalf of the corporation. The corporation is potentially both religiously sincere and insincere at the same time. A claim by the corporation for a religious accommodation requires the court to solve the paradox created by this duality and to declare the corporation, as a whole, either sincere or insincere in its beliefs. Although the Supreme Court and scholars have noted some of the particular issues raised when determining the religious sincerity of shareholders' claims, to date, no one has engaged systematically with the question of whose religious sincerity should be attributed to the corporation when shareholders hold heterogeneous, or diverse, religious beliefs. This Article provides a framework for determining the sincerity of corporations with religiously heterogeneous shareholders. It proposes an attribution inquiry that engages in a meaningful dialog between state corporate law and theories of religious sincerity. What little attention attribution has received tends to suggest that state law regarding corporate control provides an easy corollary. It does not. Corporate law is designed to enable contracting in pursuit of economic efficiency. Allowing control to stand in for attribution would lead to the monetization of religious sincerity, harming third parties and diminishing the value of religious liberty both in the courts and in the public eye. This Article considers alternative ways in which principles of state corporate law can shape the attribution inquiry to better delimit exemptions while still protecting the value of religious liberty. Ultimately, it concludes that meaningful restrictions should be placed on the ability of shareholders with heterogeneous religious beliefs to contract among themselves for corporate religious sincerity.